Free Waiver of Service Executed - District Court of Delaware - Delaware

Case 1:04-cv—0132(-§|€l\»l§5E[D0cument 14 Filed 10/26/2005 Page 1 of 2
U S De artment of JI§&e PROCESS RECEH I M ID REI URN
' __' P ’ ` _ u See Instructions for "Service of Process by the U.S. Marshal"
· UHIICCI States Marshals Se vt [ D I? .3 on the reverse of this form.
PLAINTIFF , gi ' COURT CASE NUMBER
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DEFENDANT _ _ ' ‘ TYPE OF PROCESS _ /
sir /Fj')° C,kf··L }Z»_?»2—’>'
SERVE NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
j_M·<.?t.e·'#9·/( 5//6-[ »4;*rz»zL (Bri wei;/‘
» ADDRESS (Street or RFI). Apartment No., City, State and ZIP Code)
AT y/f/ 9;;ei¤f¤r,{‘ [47 5m rc} QI /q777
SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW:
———-——-——-————-———-- - -——--—--—------—- | Number of process to be -
V I served with this Form - 285 L);
{ Number of parties to be CX
I served in this case
I ICheck for service
______________________________________ : on U.S.A. y
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Altemate Addresses, All
Telephone Numbers, and Estimated Umes Available For Service): ew `
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· · ature of Attome other Originator requesting service on behalf ol`: TELEPHO E NUMBER . DATE
I} PLAINTIEE , R -_
y [I DEFENDANT )‘/ Il cf
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY- DO N WRITE BELOW THIS LINE
I acknowledge receipt for the total Total Process District District Signature of uthorized USMS Deputy or Clerk Date
number of process indicated. ot` Origin to Serve 5 _ Z
(Sign only Iirst USM 285 if more ' {0/ H /O>
than one USM 285 is submitted) No. No. __ i.
I hereby certify and return that I [I have personally served, marie legal evidence of service, I] have executed as shown in "Rcmarks", the process described
on the individual, company, corporation, etc., at the addre. s shown above or on the individual, company. corporation, etc- shown `at the address inserted below.
lil I hereby certify and return that I am unable to locate the individual. company. corporation. ctc., named above (See rerriarks below)
Name and title of individual served (if not shown above) A person of suitable age and dis-
I] cretion then residing in the defendants
usual place of abode
Address (complete only if different than shown above) Date of Service Time am
I0 'Ll Q) vm
Signature of U.S. Marshal or Deputy
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Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal or Amount of Refund
(including endeavors)
REMARKS:
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I def PL . I
P¤°gEEggggNS 1. CLERK or THE counr *0*** ”sM·”5 me *”*5’°•>

Case 1 .04-cv—O1328-GIVIS Document 14 Filed 10/26/qgpgrkq Iiage
RETURN OF WAIVER OF SERVICE OE SI..‘TvIE\IONS
l acknowledge receipt ofthe reqtrest that l can waive service ofsumrnons in the rnarrcr or
CA. No.04—I328 in the United States District of Delaware. l have also received a copy or` the
complaint in the actioir, two copies ofthis form, a copy ofthe Order ofthe Court authorizing
service and a means by which I can return the signed waiver without cost to me.
l agree to save the cost of service ofa summons and an additional copy ofthe complaint
in this lawsuit by not requiring that l be served with judicial process in the manner provided by ·
Rule 4. l will retain all defenses or objections to the lawsuit or to thejurisdictiorr or venue ol` rlrc
Court, except for objections based on a defect in the summons or in the service ofthe summons.
l understand that a judgement may be eirtered against the party on whose behalr` l am
acting ifa response is not served and filed within 60 days after: October l l . 2005.
2 te: {O
egg) id H0 LMA.;
Signature of Uefendant Printed or Typed Name
DUTY TO AVOID UNNECESSARY COST OE SERVICE OE SUl\*Il\*IONS
Rule 4 ofthe Federal Rules of Civil Procedure requires certain parties to cooperate in saving
unnecessary cost of service ofthe summons and the complaint. A defendant located in ine
United States, who, after being notified of an action and asked to waive service of surnrnons
on behalf of a plaintiff located in the US, fails to do so will be required to bear the cost of
such service unless good cause be shown for that defendant's failure to sign and return the
waiver.
lt is not good cause for a failure to waive service that a party believes that the complaint is
unfounded, or that the action has been brought in an improper place or in a court that lacks
jurisdiction over the subject matter ofthe action or over dcfendant`s person or property. A
defendant who waives service of summons retains all defenses and objections, except any
relating to the summons or the service of summons, and may later object to rhejurisdietiorr of thc
Court or to the place to where the action has been brought.
A defendant who waives service must within the time specified on the "Return ol` \r\r'aiver"
term served on plaintiff, if unrepresented or on plaintiffs attorney, a response to the Complaint
and must also tile a signed copy ofthe response with the Court. lfthe answer or a motion is not
served within this time, a default judgement may be taken against that defendant. By waiving
service, a defendant is allowed more time to answer than if the summons had been actually .
served when the request for waiver of service was received.